Fain v. Hughes

An equitable petition was filed in the superior court of Union county, by A. A. Fain, administrator of M. M. Fain, and by John England, against T. C. Hughes and M. G. Hamby, executors of T. M. Hughes. The defendants filed a plea of res adjudicata, and the case was submitted to the presiding judge for determination without the intervention of a jury. The defendants introduced in evidence the record of a former equitable proceeding which had been instituted by the same plaintiffs against the same defendants, and showed that this action had been dismissed upon a general demurrer for want of…